TRADE MARKS BILL. [H.L.] (Hansard, 3 February 1938)

§ LORD TEMPLEMORE

My Lords, this is a Bill to consolidate certain Statutes relating to trade marks. The object of the draftsman has been to produce a consolidated and systematized arrangement of the various provisions without in any way altering the law. As your Lordships will remember, there was during the last Session enacted the Trade Marks (Amendment) Act, 1937, which, following the recommendations of a Committee over which my noble fiend Lord Goschen presided, made important alterations in the law; and the statutory law which it is proposed to consolidate is now contained in the Trade Marks Act, 1905, the Trade Marks Act, 1919, and the Act of 1937 to which I have just referred. This law is of a technical and complicated character, and its consolidation into and systematic rearrangement in a single Act will facilitate its comprehension and practice.

I would remind your Lordships that the Act of 1937 has not yet been brought into 614 operation, and it is proposed in subsection (2) of Clause 71 of this Bill to bring the Bill and the 1937 Act into operation the one immediately after the other. That is to say, the 1937 Act will come into force on a certain day of a certain month, and the moment afterwards this Bill which I now introduce is supposed to come into force. Since, of course, the Bill repeals the 1937 Act, the effect will be that, for all practical purposes, the 1937 Act will never operate, and the important innovations and amendments made by that Act will come into operation for the first time with this Bill, and the Statutory Rules necessary for the working of those additions to and changes in the law will not be required to be made until they can take their place in a complete set of revised Rules covering the whole field and corresponding to the consolidating Act. As your Lordships are aware, there is a special procedure provided for Bills which are purely consolidating Bills, and I hope that the House will give this Bill a Second Reading in order that it may be referred to the Joint Committee on Consolidation Bills which was set up by your Lordships yesterday.